Monarch, Crown, and the Royal Prerogative Flashcards
What is the function of the Privy Council?
The Privy Council is a body of advisors to the UK monarch, primarily comprised of current and former senior ministers and members of the judiciary
Can new prerogative powers be made?
How can you determine the scope of the royal prerogative today?
No. The Bill of Rights 1689 made clear that Parliament and not the Crown was soverign in the constitution.
The prerogative before 1688 need to be considered and then applied to modern situations.
Can parliament abolish any prerogative power?
Yes. The Bill of Rights 1689 made it clear that Parliament and not the Crown was sovereign.
If parliament legislate in an area creating new powers which overlap with existing prerogative powers (but does not explicitly abolish the prerogative power), will the prerogative power or the legislation apply?
The statute will take precedence over the prerogative power.
Can the government decide to never bring a legislation into force, choosing instead to rely on existing prerogative powers?
No. Crown cannot use prerogative powers to thwart the intention of parliament.
What is a commencement order?
A Government minister, specifically the Secretary of State for the relevant government department, decides on a commencement order. This order is a Statutory Instrument that brings into force the whole or part of an Act of Parliament at a date later than Royal Assent. If no commencement order is made, the Act usually comes into force from midnight at the start of the day of Royal Assent.
Can the prerogative be used to change the law or sources of UK law?
No. Prerogative cannot be used to change law.
Does statute apply to the Crown?
No. Statutes do not bind the crown unless expressly stated or by necessary implication.
The Ministry of Defence, a government department (and so part of the crown), closed a road to construct a fence on a military site. The road was closed without seeking permission of the local authority as stated in statute. Did the Ministry of Defence act unlawfully?
No. Statutes do not bind the crown unless expressly stated or by necessary implication.
Who exercises ministerial prerogative powers?
Ministerial prerogative powers are exercised by government ministers on behalf of the crown.
Who exercises personal prerogative powers?
These are personally exercised by the monarch.
What are the personal prerogative powers?
- the appointment of the PM
- The powers to dismiss government
- The power to prorogue parliament
- the power to dissolve parliament
- Granting the royal assent to legislation
What are some miscellaneous prerogative powers?
the right to mine precious metals, the right to supervise and construct harbours, the right to mint coinage, claim ownership of any sturgeon, dolphin, whale and swan on certain stretches of the river.
How can Acts of Parliament regulate the royal prerogative?
An act of parliament can choose to regulate how that prerogative power is exercised by making it subject to legal requirements.
An example is the the ratification on international treaties
What are the prerogative powers subject to control for the ratification of international treaties?
The government is required to lay before parliament the draft of any international treaty agreed.
The government can ratify the treaty only if 21 days have passed and neither the house of commons or house of lords has voted to state that it should not be ratified.
If either house has voted against, then the government can explain why they still want to ratify the treaty.
the house of commons then have a further 21 days to vote against the treaty if it should not be ratified.
In exceptional cases the government can bypass the need to lay the treaty before parliament. But what qualifies as an exceptional case is not defined in law.
What is the Cardinal Convention?
The cardinal convention is that the Monarch always acts on the advise of his ministers. Even if the monarch disagrees with that advice.
The monarch has the right to be consulted, the right to encourage, and the right to warn.
Do government or parliament decide when to take part in military action?
The deployment of armed forces overseas is a ministerial prerogative power. However the government has usually sought the support of the House of Commons
Who appoints the prime minister?
The Monarch, acting under the royal prerogative.
The choice the monarch makes is controlled by the constitutional convention that that MP must be an MP and able to command the confidence of the House of Commons.
What is the constitutional conventions of electing an MP?
Majority in the House of Commons
- a general election can result in a different party enjoying an overall majority of the seats in the House of Commons.
- Change of party leader. In between the general elections, the PM can chose to resign.
What happens during a Hung parliament?
- The PM remains in office until it is clear they have lost the confidence of the House of Commons
- The Monarch does not get actively involved in making the choice.
- It is up to the political parties to decide who should form the next government
- Once an agreement has been reached, the existing PM will resign. The Monarch will appoint the person who has the confidence of the House of Commons.
